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1. Conditional Use Permit - Lost Horizon RanchPlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT Conditional Use Permit to operate a group home MEETING DATE: January 4, 2010 BACKGROUND: The Kalispell City Planning Board met on December 8tn and held a public hearing to consider a request from Lost Horizon Ranch, LLC to operate a group home in an existing single- family residence zoned R-4 (Two -Family Residential). The group home, Montana Academy, will accommodate eight or fewer young men or women ages 17-19. The group home falls under a special provision in the state statutes, Section 76-2-412, M.C.A. that gives the group home a specific "residential" status. Because of this special status no conditions may be placed on the conditional use permit that would not otherwise apply to residences in general. Additionally, a conditional use permit for the group home cannot be denied by the governing body and the public hearing is intended as a forum for information and public comment. The property consists of three lots located at the west side of 1st Avenue East approximately 100 feet south of the intersection of lst Avenue East and 5th Street East. The property is currently developed with a single family home with the address of 520 lst Avenue East. The property can be legally described as lots 4, 5 and 6 of Block 85 Kalispell, located in Section 18, Township 28 North, Range 21 West. The Kalispell Planning Department presented staff report KCU-09-10 and reviewed the proposed group home. Planning staff noted that the applicants have been in contact with the immediate neighbors and, based on comments from the neighbors, Lost Horizon Ranch, LLC wanted to add one more condition to the two listed in the staff report. The additional condition would restrict the use permit for the group home to the current property owners, Lost Horizon Ranch. If Lost Horizon Ranch were to sell the property the use permit to operate a group home at this location would go away. This is in contrast to the zoning ordinance which states that the use permit stays with the land or building regardless of ownership. However, the applicants are in favor of this condition because some neighbors had concerns that if Lost Horizon Ranch, LLC sold the property another group home operated by a different company could start immediately without notifying the neighborhood of a potentially new program. Staff recommended approval of the conditional use permit subject to the conditions listed in the staff report. Staff also recommended the board consider adding a third condition to address the ownership of the property coincide with the use permit to address neighborhood concerns. During the public hearing, two of the owners of Montana Academy, Dr. John Santa and Dr. John McKinnon, and one employee spoke in favor of the proposed group home. Their comments included how the program is run and security measures taken to insure the occupants of the group home are monitored and secured during their time at the group home. Two others spoke in favor of the group home, one of which lives within a block of the proposed group home. One neighbor spoke against locating the group home in her neighborhood. She raised the following concerns during her comments to the planning board: 1. Inadequate supervision at the group home during night time hours. 2. Prohibit the transfer of the CUP if Lost Horizon Ranch, LLC should eventually sell the property. 3. Affect the group home would have on neighboring property value. No one else wished to speak and the public hearing portion of the meeting was closed. During the planning board's discussion the question of 24 hour staffing was raised to the planning staff. Planning staff reviewed the state law regarding licensing and staffing requirements for these types of group homes. Following this discussion a motion was made and seconded to add a third condition to the conditional use permit based on staffs recommendation to read as follows: `The approval to operate a group home shall cease if the current property owner, Lost Horizon Ranch, LLC, sells the property. Future property owners seeking to operate a group home or other use listed under Section 76-2-412 M.C.A. shall apply for and receive a conditional use permit prior to operating said use." This motion was unanimously approved. A planning board member then made a motion to add a fourth condition which would require staffing at the group home whenever students are at the residence. The planning board member still had a problem with the proposed supervision at the group home. His specific problem was having one staff member walking or driving between 3 group homes, one of which is 8 blocks from the other two. To him that did not meet the 24 hour supervision requirement. This motion failed for the lack of a second. The planning board then voted on a motion to recommend approval of the group home subject to the three conditions as amended by the planning board. This motion passed on a vote of 6 to 1. RECOMMENDATION: A motion to approve the conditional use permit would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, i( :�� a,-- 1 Sean Conrad Jane Howington Senior Planner City Manager Report compiled: December 16, 2009 Theresa White, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59901 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Lost Horizon Ranch, LLC Attn: Gretchen Boyer 205 5th Avenue East Kalispell, MT 59901 (406) 261-5569 LEGAL DESCRIPTION: Lots 4, 5 and 6 of Block 85 Kalispell, located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana ZONE: Two Family Residential, R-4 The applicant has applied to the City of Kalispell for a conditional use pen -nit to allow a community residential facility as a transition home for boys or girls leaving the Montana Academy. The facility will help the residents learn the tasks of young adulthood by supervising them as they work or attend college. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on December 8, 2009, held a public hearing on the application, took public comment and recommended that the application be approved subject to three conditions. After reviewing the application, the record, the KPD report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-09-10 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow a community residential facility in a Two Family Residential, R-4 zoning district subject to the following conditions: 1. That all required licensing, inspections and approvals are obtained from the Private Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board in accordance with state law, the Kalispell Fire Marshal and City Building Department. 2. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 3. The approval to operate a group home shall cease if the current property owner, Lost Horizon Ranch, LLC, sells the property. Future property owners seeking to operate a group home or other use listed under section 76-2-412 M.C.A. shall apply for and receive a conditional use permit prior to operating said use. Dated this 4th day of January, 2010. STATE OF MONTANA : ss County of Flathead Tammi Fisher Mayor On this day of , 2010 before me, a Notary Public, personally appeared Tan mi Fisher, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Printed Name: Residing at Kalispell, Montana My Commission Expires 11• ' ' '•' & ZONING• 1 'II •' " M1NUTES OF E DEC2009EM33ER CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board CALL and Zoning Commission was called to order at 7:00 p.m. Board members present were: Bryan Schutt, John Hinchey, Rick Hull, C.M. (Butch) Clark, Chad Graham, Troy Mendius and Richard Griffin. Sean Conrad and P.J. Sorensen represented the Kalispell Planning Department. There were 7 people in the audience. APPROVAL OF NIINUTES Hinchey moved and Clark seconded a motion to approve the minutes of the November 10, 2009 meeting of the Kalispell City Planning Board and Zoning Commission. ROLL CALL The motion passed unanimously on a roll call vote. PUBLIC COMMENT No one wished to speak. LOST HORIZON RANCH, A request by Lost Horizon Ranch, LLC for a conditional use LLC/ MONTANA ACADEMY permit (CUP) to locate a transitional living program (defined CONDITIONAL USE PERMIT under the zoning code as a group home) for youths 17 to 19 in an existing single-family home located at 520 lst Avenue East. BOARD MEMBER STEPPED Rick Hull recused himself from the discussion due to a DOWN conflict of interest and stepped down. STAFF REPORT KCU-09-10 Sean Conrad, representing the Kalispell Planning Department reviewed staff report KCU-09-10. Conrad said this is a conditional use permit request for Lost Horizon Ranch, LLC to operate a group home on lst Avenue East located between 5th 8v 6th Streets East. The property is zoned R-4 which is a two-family residential zoning district and there is an existing house on the property. Operation of a group home within the R-4 zoning district requires a conditional use permit. Conrad continued under State law group homes fall under a specific "residential" status that indicates they are permitted in all zones and a conditional use permit is required for the governing body to conduct a public hearing, to inform the public, and notify the neighborhood and he added the city council cannot place any conditions on the permit that would not otherwise be placed on a typical residence within the city. Conrad added the board reviewed a similar proposal from Lost Horizon Ranch about 6 months ago where the proposed location was on 3rd Street East in the vicinity of their 2 existing group homes. At that time the neighborhood Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 1 of 9 expressed their concerns that adding a 3rd home to their neighborhood was pushing the limits so the owners of the Montana Academy elected to withdraw that application and have now applied for the new location on Ist Avenue East. Conrad reviewed the immediate area and surrounding uses for the board. He also reviewed the location of the current group homes operated by Montana Academy in relation to this proposed location for a 3rd group home. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-09-10 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 2 conditions listed in the staff report. Conrad reviewed the two conditions listed in the staff report and noted staff is recommending the addition of condition #3 that would read as follows: "The approval to operate a group home shall cease if the current property owner, Lost Horizon Ranch, LLC, sells the property. Future property owners seeking to operate a group home or other use listed under Section 76-2-412 M.C.A. shall apply for and receive a conditional use permit prior to operating said use." Conrad added after the staff report was distributed he spoke with the staff at the Montana Academy who have approached all of the neighbors along 1 st Avenue East and noted a neighbor was concerned that if the property were to sell the group home conditional use permit would stay with the property. Therefore condition #3 is recommended for consideration and would provide the need for additional review and approval and notification of the neighbors should another type of group home be considered for this property in the future. Conrad noted the board received letters in their packets from non-profit organizations, including Conrad Mansion and the Food Bank indicating their support for what the Montana Academy students do in the community. BOARD QUESTIONS Griffin said in looking at this facility and dimensions of the home it appears too small to accommodate up to 8 students and a staff member. Conrad suggested Griffin mention this to the applicant so they can address his concern. APPLICANT/ CONSULTANTS John Santa, Montana Academy introduced his wife Carol Santa and John and Rosemary McKinnon, who are the owners of Lost Horizon Ranch. Santa said they have owned and operated the Montana Academy for about 13 years and they have operated the 2 group homes on the east side of Kalispell for about 7 years. Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 2 of 9 Santa said they have had an unpredictable flow of students and so at times they have needed a 3rd group home. After withdrawing the application for the home on 3rd Street East they selected a house that is still in a nice neighborhood but is close to Kalispell's downtown commercial area and would be a lesser impact to the community than the previous location. The kids, who almost all are 18 at this point, need a normal home environment. They are in transition between high school, which they are finishing at FVCC, and college either here or in other parts of the country. They also do community service work. Santa added the students are not adjudicated youth, criminals, sex offenders, or of any particular danger to the community. They are teenagers who when they first come to the school have been out of control or over-whelmed and not able to function in their home environments. Each home is staffed during the day and evening and at night there is a staff person who patrols the homes and does bed checks every hour on a random schedule. The bed checks assure the students that they are safe and lets them know staff knows where they are. Santa continued in addressing the concern raised by Mr. Griffin, the new house is 2400 square feet with a 900 square foot basement with 3 large egress windows that would be fmished and he felt there would be ample space for 8 students, if needed. Santa said they are not expanding their program in any way but trying to accommodate the fact that they cannot always predict how many students will be ready to transition to town. Santa added they have no issues with the addition of condition #3 that was recommended by staff. Hinchey said he heard conflicting statements about 24 hour staffing at night and Santa explained at night when students are sleeping in the houses there is one night staff person who stays awake and patrols the houses every hour on a random basis. The houses are also alarmed so that if anyone were to exit the windows or doors it would trigger an auditory alarm along with an alarm that will notify the night staff. The smoke/fire alarm will also be wired directly to the Kalispell Fire Department. Hinchey asked what problems have they had with students walking away or other disturbances and Santa said in 7 years they have never had a problem reported at night but there was a time when one of the kids did some damage at Woodland Park, which he confessed to and made arrangement to pay for the damages. Santa said they have had a few kids runaway but most have returned. He added by the time they get to the transition houses they are usually 18 and want to finish their program. Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 3 of 9 Griffin said recently schools like this have been closing due partly to the economy and he said when programs have tight funding, maintenance of the property is usually one of the first items to be cut. Santa said they have a good reputation and well -kept facilities are expected. A large portion of their operating budget is for maintenance of the facilities and they have $100,000 each year for capital improvements. They are in good financial shape and have very few outstanding debts. Santa indicated during discussions for the last proposed CUP a neighbor mentioned the need for the sidewalk to be repaired along Lost Horizon's property and they did replace the sidewalk using the city's matching funds program. Clark asked if the awake night staff would be walking from the other 2 houses to the 3rd house to do patrols and Santa said they will most likely use a car because of the distance between them. Clark asked about the alarm system and Gretchen Boyer, 285 Rusty Spur Trail, Whitefish, and manager of the Montana Academy group homes said the houses are alarmed by Anchor Alarm and they are tied into their system so whenever an alarm is triggered the night staff gets a call within 15 seconds. And, she said, as Dr. Santa mentioned the smoke/fire alarms are wired directly to the Kalispell Fire Department. Hinchey asked if the alarms have ever gone off and Santa said the only time a smoke alarm has gone off was when they were cooking. Hinchey asked have you ever encountered a resourceful teen who has tried to hot wire the alarm and get out the window and Santa said no. Clark added that is very commendable. John McKinnon, 465 Orchard Ridge Road in Kalispell said he spoke with Ed Corrigan who lives immediately south of this property and Ed said there is a great deal of ignorance about their program and the kids they care for which causes people to worry about who may live there and the security measures that are or are not taken to keep the neighborhood safe. McKinnon said over the years they have been lucky enough to be in demand and they are selective about the kids, and their parents, that they will accept into their program. The kids they choose have never assaulted anyone, or broken into a house, never been arrested, and do not have felony convictions. The kids that are living in one of the group homes in town are not the sort of kids that you have to worry about harming someone - they didn't before they came, they didn't at the ranch and they don't bother the neighbors at the current group homes. McKinnon encouraged the board to contact them for additional information on their program and invited them to visit their facilities. Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 4 of 9 PUBLIC HEARING Sue Corrigan, 528 1st Avenue East said she lives directly next door to the proposed group home. Corrigan said they are opposed to the group home. This is, as she understands it, a done deal because according to statutory law they cannot be treated any differently than residences which is very frustrating for them because they can't have more of a voice in this process. She said they have 3 main concerns that they would like the planning board to address: 1. Supervision aspect - Corrigan said she knows they are very selective about their students and she added she works with at risk students at Flathead High School. Although she does not have the credentials the owners of Montana Academy do but she lives right next door to this home which she feels gives her good credentials. She said included in the definition of a residential group home is there has to be 24 hour supervision and she does not feel that the night staffing described by Dr. Santa is 24 hour supervision. The distance between this group home and the others, whether the night staff drives or walks, will prevent the night staff from providing the same level of supervision that the other group homes receive. Their neighborhood is right off Main Street and there are many people coming from the downtown bars, walking down their alley, drinking beer, and throwing their beer cans around. The current group homes have never been this close to that type of temptation and the kids may make some poor decisions without supervision. Corrigan added high school students need guidance and supervision and she asked the board to consider enforcing the requirement for 24 hour supervision. 2. The inability to transfer the CUP - Corrigan said she is happy to hear that the Montana Academy does not have any problems with the inclusion of that condition. Their fear is that someone else could run group home for 17-19 year old students who don't come from such a reputable background and don't have the training or coaching that the Montana Academy provides. 3. Property Value - Corrigan said in looking through the variances the conditional use permit can be denied based on how it affects the adjacent properties. They are currently talking to several realtors to get an idea of how being next door to this group home will affect their property value and the ability to sell their home. She asked if the board would want to buy a home right next to a group home, no matter who operates it. Corrigan said Montana Academy says they want to honor the desires of the neighborhood and if they truly want to do that Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 5 of 9 they would consider their concerns, especially in regard to the issue of supervision. Corrigan said several of her neighbors have lived there, one for 55 years, long before State law 76-2-412 was in effect and had no idea something like this could happen in their neighborhood. Yes this group home is right up against the business district but it is still a family neighborhood where they take care of each other. She thanked the board for their consideration of her concerns. Clark asked Mrs. Corrigan if she considers the conditions of the State statute what does she expect the board to do and Corrigan said listen to the concerns of the neighbors and add a condition requiring 24 hour supervision. Clark said he feels they are already providing 24 hour supervision with the bed checks but Corrigan disagreed and added having someone walk or drive between the homes is not 24 hour care. Jennifer Hull, 436 5th Avenue West stated she lives 2 blocks north of Flathead High School. She said her neighborhood has trouble with the students from the high school such as littering, vandalism, slashing tires and their property values have not gone down. She thinks the private school will have a lot more supervision than the students from Flathead High School which will make it much safer for the neighbors. Maureen Bessey, 543 1st Avenue East thanked Gretchen Boyer who came to her house and spent about 1-1/2 hours discussing what the Lost Horizon Ranch and Montana Academy is all about. She said Boyer was able to address her concerns and she appreciates the board addressing the same issues. Bessey said she is the 3rd generation in their home so they are not concerned about resale value of her house but she does appreciate the concerns of her neighbors. However, she added the Montana Academy is a class act and they won't be dealing with the level of kids you would see in court appointed situations. It is commendable that Montana Academy offers a place for kids to get their lives back together, teaches them moral and ethical values, provides interaction and mentoring, and teaches the students personal responsibility to learn and a sense of neighborhood. She added actions speak louder than words so we shall see. MOTION Clark moved and Mendius seconded a motion to adopt staff report #KCU-09-10 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 2 conditions listed in the staff report. BOARD DISCUSSION Clark asked staff to address the issue of 24 hour supervision and Conrad reviewed the letter received from the Department of Health and Human Services (DHHS) signed by Roy Kemp during the review of the previous location for a group home. The letter states the DHHS does not approve these type of licenses and it is deferred to a Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 6 of 9 Private Alternative Adolescent Residential and Outdoor Programs (PAAROP) board which is run under the Department of Labor. Conrad contacted them and was directed to their website and the chapter that governs programs such as the Montana Academy. Conrad said it is his understanding in relation to care and staffing that the Montana Academy would develop their written policies and procedures and then the PAAROP board approves those policies. Conrad added there is not a clear definition of 24 hour staffing in that chapter. Dr. Santa said Conrad was correct when he described their licensing. The board recognizes different kinds of programs require different kinds of staffing. Santa continued when they started the 2 transitional homes they used the method of having an overnight staff sleeping in each house but they changed to the awake staff with patrols that they are currently using because they felt it was safer. Clark asked Mrs. Corrigan if that answered her questions and she said it may answer Clark's questions but it doesn't alleviate her concerns. Griffin said he has worked with people in this age group for most of his life and he thinks the dictating factor would be one of legal liability. He would not want to be operating one of these homes without some assurance that there is 24 hour supervision and if a parent is paying out thousands of dollars a year for their kid to attend this program he would think they would have the same concern. However, Griffin continued, this is a residence within the City of Kalispell so it comes under the jurisdiction of police and fire which will provide some assurances things won't get out of control. Graham asked if staff feels condition # 1 is met with the letter from Mr. Kemp and Conrad said no with approval of the CUP they will still have to go to the PAAROP board to get this additional group home licensed. Santa said by adding the new facility the PAAROP board will complete a review and renewal of their license. He added they have one license for their entire program, including the group homes. MOTION - ADD CONDITION Clark moved and Graham seconded a motion to add #3 Condition #3 to read, "The approval to operate a group home shall cease if the current property owner, Lost Horizon Ranch, LLC, sells the property. Future property owners seeking to operate a group home or other use listed under Section 76-2-412 M.C.A. shall apply for and receive a conditional use permit prior to operating said use." ROLL CALL - ADD I The motion passed unanimously on a roll call vote. CONDITION #3 Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 7 of 9 BOARD DISCUSSION Hinchey said he knows that the academy is very well respected and does terrific work and he appreciates the fact that they listened to the planning board's concerns and the concerns of the neighborhood at the other location last June and withdrew the application. However, Hinchey said he still has a problem with the supervision. In addition the PAAROP board hasn't approved the plan of having their awake staff walking or driving between 3 houses especially with this proposed location 8 blocks away. Hinchey said to him that does not mean 24 hour supervision but live-in sleeping staff does. MOTION - ADD CONDITION Hinchey made a motion to add Condition #4 that would #4 require a staff member be present at this location whenever the students are in residence. The motion failed due to lack of a second. BOARD DISCUSSION Clark said having someone awake and patrolling alleviates the concern he had with 24 hour supervision. ROLL CALL The original motion, as amended, passed on a roll call vote of 6 in favor and 1 opposed. BOARD MEMBER Rick Hull returned to his seat on the board. RESEATED OLD BUSINESS: None. NEW BUSINESS: Zoning Ordinance Update P.J. Sorensen said as the board is aware they have had a series of work sessions since March discussing an update to the zoning ordinance and everything has been covered. An open house was held in November where approximately 80 invitations were sent to architects, builders, community groups, etc., and a few board members and architects did attend so staff feels we are ready to move forward to a public hearing. Sorensen said staff is requesting the board make a motion to direct staff to hold a public hearing on the update to the City of Kalispell Zoning Ordinance on January 12, 2010. Schutt noted that is usually the time of year when the city's budget meetings are in full swing and asked if that would be a problem but Sorensen said it would be better to hold the hearing now then later in the spring. MOTION Clark moved and Schutt seconded a motion to direct staff to hold the public hearing before the planning board on the update of the Kalispell City Zoning Ordinance on January 12, 2010. Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 8 of 9 PLANNING FOR THE FUTURE December 15, 2009 Jane Howington, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit to operate a group home Dear Jane: Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (4017 758-7940 Fax: (4017 758-7739 www.kalispeU.com/planning The Kalispell City Planning Board met on December 8th and held a public hearing to consider a request from Lost Horizon Ranch, LLC to operate a group home in an existing single-family residence zoned R-4 (Two -Family Residential). The group home, Montana Academy, will accommodate eight or fewer young men or women ages 17-19. The group home falls under a special provision in the state statutes, Section 76-2-412, M.C.A. that gives the group home a specific "residential" status. Because of this special status no conditions may be placed on the conditional use permit that would not otherwise apply to residences in general. Additionally, a conditional use permit for the group home cannot be denied by the governing body and the public hearing is intended as a forum for information and public comment. The property consists of three lots located at the west side of lst Avenue East approximately 100 feet south of the intersection of lst Avenue East and 5th Street East. The property is currently developed with a single family home with the address of 520 lst Avenue East. The property can be legally described as lots 4, 5 and 6 of Block 85 Kalispell, located in Section 18, Township 28 North, Range 21 West. Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-09-10 and reviewed the proposed group home. He noted that the applicants have been in contact with the immediate neighbors and, based on comments from the neighbors, Lost Horizon Ranch, LLC wanted to add one more condition to the two listed in the staff report. The additional condition would restrict the use permit for the group home to the current property owners, Lost Horizon Ranch. If Lost Horizon Ranch were to sell the property the use permit to operate a group home at this location would go away. This is in contrast to the zoning ordinance which states that the use permit stays with the land or building regardless of ownership. However, the applicants are in favor of this condition because some neighbors had concerns that if Lost Horizon Ranch, LLC sold the property another group home operated by a different company could start immediately without notifying the neighborhood of a potentially new program. Staff recommended approval of the conditional use permit subject to the conditions listed in the staff report. Staff also recommended the board consider adding a third condition to address the ownership of the property coincide with the use permit to address neighborhood concerns. During the public hearing, two of the owners of Montana Academy, Dr. John Santa and Dr. John McKinnon, and one employee spoke in favor of the proposed group home. Their comments included how the program is run and security measures taken to insure the occupants of the group home are monitored and secured during their time at the group home. Two others spoke in favor of the group home, one of which lives within a block of the proposed group home. One neighbor spoke against locating the group home in her neighborhood. She raised the following concerns during her comments to the planning board: 1. Inadequate supervision at the group home during night time hours. 2. Prohibit the transfer of the CUP if Lost Horizon Ranch, LLC should eventually sell the property. 3. Affect the group home would have on neighboring property value. No one else wished to speak and the public hearing portion of the meeting was closed. During the planning board's discussion the question of 24 hour staffing was raised to the planning staff. Mr. Conrad reviewed state law regarding licensing and staffing requirements for these types of group homes. Following this discussion a motion was made and seconded to add a third condition to the conditional use permit based on staffs recommendation to read as follows: The approval to operate a group home shall cease if the current property owner, Lost Horizon Ranch, LLC, sells the property. Future property owners seeking to operate a group home or other use listed under Section 76-2-412 M.C.A. shall apply for and receive a conditional use permit prior to operating said use" This motion was unanimously approved. A planning board member then made a motion to add a fourth condition which would require staffing at the group home whenever students are at the residence. The planning board member still had a problem with the proposed supervision at the group home. His specific problem was having one staff member walking or driving between 3 group homes, one of which is 8 blocks from the other two. To him that did not meet the 24 hour supervision requirement. This motion failed for the lack of a second. The planning board then voted on a motion to recommend approval of the group home subject to the three conditions as amended by the planning board. This motion passed on a vote of 6 to 1. Please schedule this matter for the January 4, 2010 regular City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Conditions of Approval Staff Report #KCU-09-10 and supporting documents Draft minutes from the 12/8/09 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Lost Horizon Ranch, LLC, Attn: Gretchen Boyer, 205 5+h Avenue East, Kalispell, MT 59901 EXHIBIT A LOST HORIZON RANCH, LLC KALISPELL CITY PLANNING BOARD DECEMBER 8, 2009 The Kalispell City Planning Board held a public hearing on this matter at the regularly scheduled planning board meeting on December 8, 2009. The following conditions are recommended with approval of the conditional use permit: 1. That all required licensing, inspections and approvals are obtained from the Private Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board in accordance with state law, the Kalispell Fire Marshal and City Building Department. 2. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 3. The approval to operate a group home shall cease if the current property owner, Lost Horizon Ranch, LLC, sells the property. Future property owners seeking to operate a group home or other use listed under section 76-2-412 M.C.A. shall apply for and receive a conditional use permit prior to operating said use. LOST HORIZON RANCH, LLC REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-09-10 DECEMBER 1, 2009 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to locate a group home in an existing home in an R-4, Two Family Residential, zoning district. A public hearing on this matter has been scheduled before the Planning Board for December 8, 2009 beginning at 7:00 PM, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: The proposed group home, Montana Academy, will accommodate eight or fewer young men or women in an existing home located at 520 lst Avenue East. The group home falls under a special provision in the state statutes, Section 76-2-412, M.C.A. that gives the group home a specific "residential" status. Because of this special status no conditions may be placed on the conditional use permit that would not otherwise apply to residences in general. Additionally, a conditional use permit for this facility cannot be denied by the governing body and the public hearing is intended as a forum for information and public comment. In June of this year Lost Horizon Ranch, LLC had applied for another group home, conditional use permit # KCU-09-07, approximately seven blocks to the east of this site. In that proposal, Lost Horizon Ranch, LLC was requesting one more group home in an immediate neighborhood where two of their group homes were already established. There was neighborhood concern that a third group home in the neighborhood would detract from the single family residential character of the area. After discussions with the neighbors John Santa, co-owner of Montana Academy, elected to withdraw the conditional use permit application. The proposed conditional use permit application would now place a group home outside of the immediate neighborhood where the two existing group homes are established. In addition to concerns with the number of group homes in a neighborhood setting, an issue about proper licensing was brought up during the review of the previous conditional use permit # KCU-09-07. State law requires group homes to be licensed by the Department of Public Health and Human Services (DPHHS). Information submitted by Lost Horizon Ranch, LLC showed licensing was issued not by DPHHS but by the Private Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board. Questions regarding the legitimacy of the PAAROP Board to approve such uses was brought up at the planning board hearing. In a letter from Roy Kemp, Deputy Administrator, of DPHHS dated July 8, 2009 (copy attached) he states that the PAAROP Board is the licensing entity for programs such as Montana Academy rather than DPHHS. His letter concludes by stating, "I believe the Montana Academy's residential program is properly and appropriately licensed, and monitored, as required by law." Petitioner: Lost Horizon Ranch, LLC Attn: Gretchen Boyer 205 5th Avenue East Kalispell, MT 59901 (406) 261-5569 A. Size and Location: The property consists of three lots located at the west side of 1st Avenue East approximately 100 feet south of the intersection of l st Avenue East and 5th Street East.. The property is currently developed with a single family home with the address of 520 lat Avenue East. The property can be legally described as lots 4, 5 and 6 of Block 85 Kalispell, located in Section 18, Township 28 North, Range 21 West. Figure 1: View of the future group home from lat Avenue East. B. Summary of Request: Lost Horizon Ranch, LLC owns and operates the Montana Academy, a high school campus on a 400+ acre ranch in Lost Prairie. The Montana Academy is a therapeutic boarding school that emphasizes both treatment, through individual, group and family therapy, and education. As students mature and progress through the program in Lost Prairie, Montana Academy has set up transition homes in Kalispell. The goal of the transition home is to provide students with a gradual step down from the structure of the Academy and offer students a chance to practice their new skills in a less structured environment. The Academy currently operates two transition homes in the east side neighborhood. The proposed group home would act as an overflow home for the two existing group homes. The proposed group home would allow a maximum of 8 young adults of a single sex, ages 17 through 19, occupying the house at any one time. 2 The Academy provides staffing 24 hours a day. During daytime hours when students are at work or school, one staff member is present at the existing group homes in the neighborhood for emergencies. After 3pm a staff member is present in each group home until midnight. From midnight to Sam one staff member visits each of the group homes to perform bed checks every hour on a random schedule that averages one visit every 40 minutes all night. Each house is also fully alarmed on doors and windows and the night staff is notified within 15 seconds if an alarm has been triggered. C. Eadsting Land Use and Zoning: The property is zoned R-4, Two Family Residential, and is developed with a house. D. Adjacent Land Uses and Zoning: The immediate area along 18t Avenue East is a transitional zone between the commercial development north of 5th Street East and the primarily residential development south of 5th Street East. The 500 block of 1st Avenue East includes professional offices on the northern end with residential homes making up the remaining east and west sides of the street. An aerial view of the neighborhood is shown in figure 2 below. Figure 2: Aerial view of the group home property and adjacent properties 3 E. Relation to the Growth Policy: The current Kalispell designates the west side of 1 st Avenue East as commercial. designation provides for a mixture of retail, offices, development. This land use designation promotes zoning commercial and/or residential. The R-4 zoning distric F. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell t This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. 2. Site Suitability: a. Adequate Useable Space: The property is 10,500 square feet in size and contains an existing house with a small shed along the back alley. There is adequate space on the site for the proposed use as a group home. b. Adequate Access: The property is accessed off of 1st Avenue East, an approximately 34 foot wide street. The existing access is adequate to serve the group home and its occupants. C. Environmental Constraints: There are no obvious environmental constraints apparent on the property. Appropriate Design: a. Parking Scheme: The property will be used as a group home however the young adults living in the home will not have their own cars. Since the group home is considered a single family residential use per state law, the Kalispell Zoning Ordinance requires two off-street parking spaces per single family residential home. The existing area off of the alley meets the requirement for the required off-street parking. b. Traffic Circulation: One to two staff vehicles may be present during the day and night hours. The use of the house as a group home is not expected to significantly alter current traffic circulation in the neighborhood. 2 C. Open Space: No specific open space requirements are required under the R-4 zoning district other than the required setbacks. d. Fencing/Screening/Landscaping: The typical of a residential neighborhood. current landscaping on the site. existing house has grass landscaping No changes are proposed from the e. Signage: No signs have been proposed as part of the application. 3. Availability of Public Services/Facilities: a. Schools: This site is within the boundaries of School District #5. No impact is anticipated with the proposed use. b. Parks and Recreation: There should be no significant impact on the parks and recreation programs and facilities as a result of this use. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed use. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated from the proposed use. e. Water: City water currently serves the existing house. No significant impact on water services can be anticipated as a result of this use. f. Sewer: Sewer service is currently provided by the City of Kalispell. No significant impacts on City sewer services can be anticipated as a result of the proposed use. g. Storm Water Drainage: Storm water runoff from the street and driveways is directed south of the site to existing storm water drains. h. Solid Waste: Solid waste pick-up is provided by the City. This project will have no impact on current services. i. Roads: First Avenue East serves as the access street to the group home. The street is in good condition. 4. Neighborhood impacts: The group home will be located in a well -established urban commercial/residential neighborhood. Impacts to the neighborhood should be relatively insignificant as the young adults will be working or at school during the day with staff supervision in the evening and night hours. Traffic will be limited to the staff as the young adults will not have access to a personal vehicle. 5. Consideration of historical use patterns and recent changes: This area has historically included residential housing with little change over the years. 5 6. Effects on property values: No significant negative impacts on property values are anticipated. As previously mentioned, the proposal is compatible with the neighborhood, will not create any adverse impacts with regard to noise or traffic and the use of a house as a group home will have little impact on surrounding neighbors. �ZaXGIGMIM• The staff recommends that the planning board adopt the staff report #KCU-09-10 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be approved subject to the following conditions: That all required licensing, inspections and approvals are obtained from the Private Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board in accordance with state law, the Kalispell Fire Marshal and City Building Department. 2. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. [:I Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: 1A1 1 It Y OWNER(S) OF RECORD: `_ Name: �>r "f ' A A V f + ��C: �/11"6 bey . Mailing Address: ';)�o 1s,'— >'f Vgnae E-a - City/State/Zip: kAJf of I 1 1" ( 5J 1 cl d / Phone: PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Mailing Address: % b 5 6-1-1Y k%e L W ✓Ast City/State/Zip: Phone: �,� — GJS�2G1 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street - i-- Sec. Town- o Range Address: ��-y 10 k (�S No. � ship Z (= No. Subdivision f * j I Tract Lot `'1 / S i tP Block Name: IUI IC O O( _k.(I Ili l No(s). No(s). No. 1. Zoning District and Zoning Classification in which use is proposed: A 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. 1 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. e. Utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j . Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. Applicant Signature 6ate 2 ontana C,4 y Application for Conditional Use Permit 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. 520 1st Avenue East is located in a residential neighborhood. The area surrounding this location has a mix of residential homes and businesses. The area to the North and West is occupied by commercial establishments, while the are to the South and East is primarily residential homes. b. Dimensions and Shape of lot. - See Attached Map c. Topographic Features - The lot is flat and encompasses 3 city lots with a new home located on the East edge of the property. d. Size and Location of Existing buildings — See Attached Map e. Size and Location of Proposed Buildings — There are no proposed buildings at this time. f. Existing use of structures and open areas — 520 1" Avenue East contains a newly constructed single family dwelling and an older single car garage in back of the lot. g. Proposed used of structures and open areas - We anticipate using 520 1" Avenue East as one of the homes for transitional students from Montana Academy. We have used 305 5th Ave East and 205 5th Av. East as transition homes for more than six years. 520 lst Avenue East would be used for a similar purpose and staffed in the same fashion. h. Existing and proposed landscaping and fencing. —. The front yard and most of the backyard are basically landscaped. The back end of all 3 lots are not landscaped at this time. This will be seeded with grass in the spring. There is a fence on the neighbors property to the South and we might place a fence on the North side of the back yard to screen the house from a commercial building and parking lot. South Side of 520 1st Avenue East North Side of 520 1" Avenue East Front View of 520 1" Avenue East Back View of 520 1" Avenue East antana caderh y Application for Conditional Use Permit Further Explanation of Montana Academy Montana Academy, Inc. was founded in 1997 and remains owned and operated by two married couples, John McKinnon, M.D. and his wife Rosemary McKinnon, MSW, and John Santa, Ph.D. and his wife Carol Santa, Ph.D. Both families have lived in Kalispell, worked as professionals in the community, and raised their families in Kalispell. They continue to own and operate Montana Academy. In the past twelve years Montana Academy has grown considerably. We now have a fully accredited high school on a 400 acre ranch campus in Lost Prairie with 70 students from all parts of the country. We also have two transition homes on the East side of Kalispell that we have operated for the past six years with 10-16 students who have completed their work on campus. The current transition houses are located at 205 and 305 5t' Ave East. Montana Academy employs more than 70 employees with an annual payroll in excess of three million dollars. Montana Academy is a therapeutic boarding school that emphasizes both treatment and education. We endeavor to provide sophisticated clinical expertise in a simple environment. Montana Academy combines intensive individual, group, and family therapy with a first rate academic high school curriculum in a remote ranch setting. The residential program is licensed by the state of Montana, accredited by the Joint Commission on Accreditation of Health Care Organizations, and we are also accredited as a degree granting high school by the Northwest Association of Accredited Schools, and by the National Independent Private School Association. . Our students are bright, underachieving high school students who, for a variety of reasons are failing to achieve their potential in their urban home environments.. They are all privately placed with us by their parents, and none are placed by court order or social service agencies. All of their parents remain highly committed and visit their students every few months. We have created a highly professional, nurturing, and structured boarding school environment that allows students to mature, grow up, and get back on track in a healthy environment. Nearly 90 percent of our students graduate from high-school and continue on to college. We have students accepted and attending a variety of first rate state universities as well as many prestigious private colleges and universities such as Brown, Dartmouth, Lewis and Clark, Smith, Stanford, University of Chicago Willamette, and Whitman. As students mature and progress through our emotional growth program in Lost Prairie, many of the older students who are headed to college need a transitional experience that is less structured and remote than the ranch. We have established the Transition homes in Kalispell with the goal of providing a gradual step down from the structure of the Academy, offering students a chance to practice their new skills in a less structured environment. The Transition Home provides a semi -structured environment for young adults to learn how to live more independently. They attend Flathead Valley Community College, and provide regular volunteer work for a wide variety of community programs and businesses. Altogether, our students provide between 100 and 200 hours of weekly volunteer time. Students work at The Flathead Food Bank, The Habitat for Humanity Resale Store, Central School Museum, The Conrad Mansion, Gresko's Bakery, Woodland Montessori School, The Center for Restorative Youth Justice, and Montana Coffee Traders. We also pick up recycling from houses in our neighborhood twice a month for proper disposal. We have a good relationship with our neighbors and work hard to keep our properties in accordance with neighborhood standards. Our staff are available 24 hours a day for our students. During daytime hours students are at work and college, and we have one staff to keep a house open and to be available for emergencies. After 3pm we have one staff working in each house. At night we have an awake night staff that walks between the homes and keeps students and our homes safe. ont M4 cad�m� Application for Conditional Use Permit 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic Flow and Control Students are not allowed to have, or operate, vehicles. Therefore parking requirements will ordinarily be limited to one staff vehicle, but on occasions another staff vehicle will be present. b. Access to and Circulation within the property - Access will not change to this property. c. Off -Street Parking and Loading — There is a parking area behind the house that can accommodate our parking needs. d. Refuse and Service Areas — We will have the city install a container to accommodate our refuse. e. Utilities — These will remain the same as the residential area. f. Screening and Buffering — There are no issues in this area g. Signs, yards and open spaces — We will have no signs identifying our program; our students will live as good neighbors of the area. h. Height, bulk and location of structures — All structures will remain the same. i. Location of proposed open space uses — Not Applicable j. Hours and manner of operation — The Montana Academy transition home will operate 24 hours a day. 520 1st Avenue East will be supervised by staff in accordance to our program policies. Please see separate sheet for a more detailed description of our program. k. Noise, light, dust, orders, fumes and ventilation — We do not anticipate any issue in these areas. Montana Academy is licensed by the Private Alternative Adolescent Residential Program board (PAARP) , a professional licensing board under the authority of the department of labor for the State of Montana. The PAARP board has established rules of operation that require programs to adhere to standards of best practice and safety. However, given the variety of programs that the board licenses they have chosen not to establish fixed rules for staffing ratios as the need depends considerably on the type of program. The PAARP board currently licenses programs ranging from those that have only a few students living in a private residence, much like a foster home, through programs that have dormitories and operate much like conventional boarding schools. Montana Academy's transition homes serve students who have completed our program on campus, are seniors in high school, and are typically 18 or nearly so. Each house contains 4-8 students of a single sex with one or more staff present whenever the house is open between Sam and midnight. From midnight to Sam we have one awake staff who patrols our homes. Night Staff are required to visit each home and perform bed checks every hour on a random schedule that averages one visit every 4o minutes all night. Furthermore, each house is fully alarmed on doors and windows and the night staff is notified within 15 seconds if an alarm has been triggered. DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES Brian Schweitzer Anna Whiting Sorrell GOVERNOR DIRECTOR STATE OF MONTANA www.dplihs.int.gov Mr. Sean Conrad, Senior Planner City of Kalispell, 201 First Ave. East P.O. Box 1997 Kalispell, MT 59901 Re: Montana Academy Residential Program Dear Mr. Conrad, 130 BOX 4210 14ELENA. MT 596044210 E e IE 0 IV� (406)444-5622 X (406) 444-I970 July 8, 2009 JUL 2 A"', ZU09 KALISPELL PLANNING DEPARTMENT Please allow me to introduce myself. I am the Deputy Administrator of the Quality Assurance Division (QAD) in the Department of Public Health and Human Services (DPHHS). I am responsible for all facility licensing for DPHHS. I am writing to clarify that "private residential adolescent programs" were authorized by the Montana state legislature to be licensed under Title 37, chapter 48, MCA in the Department of Labor's, Business Standards Division. The Private Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board is the licensing entity for these programs rather than DPHHS. I was permitted by the Department of Labor to participate and assist in the development of the administrative rules for licensure of the PAAROP programs. The standards developed by the PAAROP board are essentially equivalent to the standards that would be in place if the respective programs were to be licensed by DPHHS. That is to say, the rules cover licensing standards for facility administration, operational policy & procedures, facility screening for new hires, physical plant and life safety requirements, and client treatment planning, among the many other appropriate standards developed for licensing this type of service. Moreover, Montana Academy is accredited by the Joint Commission on the Accreditation of Healthcare Organization, (JCAHO). A Joint Commission accreditation is accepted by DPHHS as evidence of a facility's ability to meet standards that are equivalent, or higher, than the DPHHS licensing standards. A license may be issued to the accredited body for the period of accreditation, without perfonning any program review or performing on -site inspections by DPHHS. An Equal Opportunity Emplover I will conclude by stating I believe the Montana Academy's residential program is properly and appropriately licensed, and monitored, as required by law. Please contact me if I can be of any further assistance or if you have additional questions. Since y, Roy P. Kemp, Deputy Administrator Quality Assurance Division - DPHHS 2401 Colonial Drive PO Box 202953 Helena, Mt 59620-2953 406-444-2868 Fax 406-444-1742 rkempEwm "Improving the Lives of Others" Cc: Randy Ogle: rsogle�,centur el.net Tom R. Jentz, AICP tjentz@kalispell.com Sean Conrad, Senior Planner: sconrad@kalispell.com Dr. John Santa jol hasgmontanaacademy.com Correspondence File 2 Noftt nct CAd�rit. To the Neighbors of 520 1st Avenue East — Our School, The Montana Academy has applied for a Conditional Use permit from the City of Kalispell for recognition as a group home at the above address. We operate 2 such homes at 205 and 305 5th Avenue East and have enough students that we need another home. We would like this opportunity to let you know who we are and who are kids are and hopefully address any fears and concerns that you may have as our potential neighbors. As you may already know there will be a public meeting with the City Planning Board on Tuesday December 8th at 7:30pm. We also welcome your concerns before than. Please call Gretchen Boyer (the program Director) at 261 5569 with any comments or questions. Montana Academy, Inc. was founded in 1997 and remains owned and operated by two married couples, John McKinnon, M.D. and his wife Rosemary McKinnon, MSW, and John Santa, Ph.D. and his wife Carol Santa, Ph.D. Both families have lived in Kalispell, worked as professionals in the community, and raised their families in Kalispell. They continue to own and operate Montana Academy. In the past twelve years Montana Academy has grown considerably. We now have a full high school campus with more than on a 400 acre ranch in Lost Prairie with 70 students from all parts of the country. We also have two transition homes on the East side of Kalispell that we have operated for the past six years with 13 students. Altogether we employ nearly 70 employees and have an annual payroll in excess of three million dollars. Montana Academy is a therapeutic boarding school that emphasizes both treatment and education. We endeavor to provide sophisticated clinical expertise in a simple environment. Montana Academy combines intensive individual, group, and family therapy with a first rate academic high school curriculum in a remote ranch setting. The residential program is accredited by the Joint Commission on Accreditation of Health Care Organizations, and we are also accredited as a degree granting high school by the Northwest Association of Accredited Schools, and by the National Independent Private School Association. Nearly 90 percent of our students graduate from high school and continue on to college. We have students accepted and attending a variety of first rate state universities as well as many prestigious private colleges and universities such as Brown, Dartmouth, Lewis and Clark, Smith, Stanford, University of Chicago Williamette, and Whitman. As students mature and progress through our emotional growth program in Lost Prairie, many of the older students who are headed to college need a transitional experience that is less structured and removed from the realities of life than is the ranch. We have established the Transition homes in Kalispell with the goal of providing a gradual step down from the structure of the Academy, offering students a chance to practice their new skills in a less structured environment. The Transition Home provides a semi -structured environment for young adults to learn how to live more independently. They attend Flathead Valley Community College, and provide regular volunteer work for a wide variety of community programs and businesses. Altogether, our students provide between 100 and 200 hours of weekly volunteer time. Students work at The Flathead Food Bank, The Habitat for Humanity Resale Store, Central School Museum, The Conrad Mansion, Gresko's Bakery, Woodland Montessori School, The Center for Restorative Youth Justice, and Montana Coffee Traders. We also pick up recycling from houses in our neighborhood twice a month for proper disposal. We have a good relationship with our neighbors and work hard to keep our properties in accordance with neighborhood standards. Our staff are available 24 hours a day for our students. During daytime hours students are at work and college, and we have one staff to keep a house open and to be available for emergencies. After 3pm we have one staff working in each house. At night we have an awake night staff that walks between the homes and keeps students and our homes safe. ?Uav ad w �11� a�� c�u���h�n� s U Center for Restorative Youth Justice Flathead County Peer Court • Victim Offender Conferencing - Youth Connections Drug & Alcohol Accountability Panel - Community Accountability Board June 22, 2009 To the City of Kalispell Planning Board and City Council The youth of Montana Academy have been extremely instrumental in the programming of the Center for Restorative Youth Justice (CRYJ). We have been fortunate enough to have worked with various youth from Montana Academy in the capacity of interns over the past two years. For CRYJ, the youth from Montana Academy have provided countless hours in program and office assistance. They are reliable, as they show -up on time, are eager to help, and are particularly interested in working with local youth who are struggling to learn from their mistakes. These youth take leadership roles in our programs, serving as positive role models for local youth offenders. Here at CRYJ, our goal is to build safer communities by encouraging community/youth partnerships, emphasizing direct youthful accountability, and restoring victim well-being by providing innovative services committed to strengthening and improving the lives of youth, their families, and our community. The youth from Montana Academy who have volunteered with us understand accountability and work with local youth to provide them with opportunities to take responsibility for their actions in meaningful ways. They have shown to be more mature than the average adolescent; they have been challenged while at Montana Academy to make better decisions, to respectfully communicate, and to engage life fully. These youths' past experiences have proven to be an asset on our accountability panels, guiding our program participants toward productive alternatives from former negative behaviors. Furthermore, through our experience we have found these youth to be very responsible. We trust them with responsibilities beyond that of normal youth volunteers, such as up - keeping our website and working on various panels throughout our five programs. These volunteers have also worked on specific projects that have made our office run more efficiently such as our database archive reorganization project. These volunteers balance their service with other commitments, as not only did they volunteer with us but also attended the college. These youth have proven to be genuinely interested in their future as productive members of the community. Our agency and the youth of Kalispell have truly benefited from the participation of the Montana Academy youth in our community. Not only has CRYJ benefited from their contributions, but also you will find these youth volunteering at non -profits throughout the Kalispell area. Sincerely, J ffor Centeestorative Youth Justice 224 1st Ave. East • Kalispell, W 59901 • Phone 406.257.7400 • Fax 406.257.7494 www.restorative,youthjustice.org Office: (406) www.PlatheadFoodBank.com Board of Directors: Fax: (406) Judi Yeats Whitefish President June 22, 2009 Sheryl Border Kalispell Vice President To Whom It May Concern: Debra Koch Kalispell Secretary This letter is to support our friends at the Montana Academy. I understand that Brad Kelsey they are looking to expand their program in the Kalispell area. At the Flathead Kalispell Treasurer Food Bank, we are totally in support of this program and love working with the John Gardner students that are associated with it. Kalispell Beverly Larson Kalispell These kids have had more life experiences in their young age than many adults Susan Tuszynski will ever have. They come to our community to learn how to fit in and excel as West valley members of our society. The staff and management of the facility work very hard Ed Corrigan Kalispell with each one of the students to assure that this happens. By the time that the Kari Wiley kids get to the group home in town, they are working very successfully at Kalispell becoming responsible young adults. Many of them come to the Flathead Food Robert Nystuen Lakeside Bank to volunteer. Doug Deacon Bigfork We have been working with the kids at the academy for well over six years. The Courtney Columba Fallsock Montana Academy students that come and help us have been wonderful. They Cindy Garrity are always willing to share their stories and most of the time we develop great, Whitefish long lasting friendships. The kids work very hard for and with us, and the work Staff Members: that they do is a great help not only to the Flathead Food Bank, but to many other Lori Botkin non-profit agencies in our community. Executive Director Matt Alexander We support the Montana Academy's decision to purchase another facility on the Warehouse Manager East side of Kalispell. The people that will live there have very experienced, long ble Sherry nteerC Coordinator Volunteer Coordinator tenured supervisors working with them to help them be successful. In my Office Manager personal experience, these kids are in no way a danger to the community, or will John Emerson in any way cause disturbance in the neighborhood. They will continue to be good Special Events Coordinator citizens, as they have been in the past and will respect the chance that they have Wanda Richardson been given. Outreach Specialist Sue Stuber With Warm Regards Bigfork Pantry Manager , Mary Wagoner 01 ^�d �-/ Pick-UplDellvery Driver Lori Botkin, Executive Director Flathead Food Bank PANTRY KALISPELL SIGFORK EVERGREEN 105 63 Ave. W Hwy 35 South Calvary Lutheran LOCATIONS &VIIIegeLane Church 99nn N— 9 Faat MARION MARTIN CITY Fire Department Canyon Head Auxiliary Start ah.u,u— United day CONRAD MANSION MUSEUM June 30, 2009 Honorable Mayor Kennedy and Members of the City Council City of Kalispell P.O. Box 1997 Kalispell, MT 59903-1997 Dear Mayor Kennedy and Members of the City Council: It is with great pleasure that I write this letter of support for Montana Academy. The students from Montana Academy have volunteered their time and skills at the Conrad Mansion Museum for three consecutive years. During this time they have displayed an impressive work ethic, sense of accomplishment in the new skills they are developing, and pride in the valuable work they do at the Mansion. They often bring excellent skills to their positions at the Museum. Jeff Katz is one example of an invaluable Montana Academy volunteer. He volunteered at the Conrad Mansion for a full fall and winter performing a variety of jobs from snow removal to detailed computer data entry. He served as my primary assistant during the off season. It was a tremendous help to have the additional volunteer help considering our small budget. Another example of a fabulous volunteer was Henry Loeb. He started out doing odd tasks that included cleaning, cataloguing magazines, working in the garden, to administrative tasks. We appreciated his help so much that we hired him as a tour guide for the 2007 season. He actually received applause after almost all of his tours due to his great personality. We currently have a volunteer from the girls home that we hope will continue in Henry's footsteps. She is very responsible and is a spirited worker. Montana Academy is our most consistent group of volunteers. Each year the students come to the Mansion to do one or two group volunteer project. Two winters ago they helped us clean up the Mansion and grounds after the Christmas season. They wound extension chords from the yard, collected the thousands of lights on the Mansion exterior walls, and took all the lights off the trees. They also worked inside with the Mansion crew taking down all decorations throughout the house. They carried boxes downstairs, wrapped ornaments, moved furniture and cleaned the Mansion interior. When we have a special need we always call their house manager Gretchen Boyer. She and the students are always willing to jump in and help out when something needs to be done. Last year, Gretchen helped organize and recruit a number of volunteers to make the Mansion's participation in the Kalispell Fourth of July parade a success. P.O. Box 1041, KALISPELL, MT 59903 ■ PHONE: 406-755-2166 The Conrad Mansion was built in 1895 as the home of C.E. Conrad, Montana pioneer, Missouri River trader, freighter, and founder of the city of Kalispell. Restored to its original elegance, it is placed on the National Historic Register and open to visitors from May to October. The students at Montana Academy are valued friends of the Conrad Mansion Museum. They are a dynamic group that does wonderful things for our organization. From my personal experience, the students have only shown great respect for the historic Mansion and neighborhood that surrounds the Mansion. They also are very engaged in the supportive learning environment that Montana Academy currently provides them and are now looking forward to their futures. 1 71�, ate Daniels== � E'ecutive Director Al Weed 623-3rd Street East Kalispell January 4, 2010 Kalispell City Council 201 1 St Ave. East Kalispell 59901 To: Kalispell City Council Re: Conditional Use Permit for Group Home to be Operated by Montana Academy Last June Montana Academy requested a conditional use permit (CUP) for a "group home" at 528/530 Third Street East, the approval of which would have expanded the commercial "group home" complex operated by Montana Academy in a one and one -quarter block area to three residential dwellings. At that time a vast majority of the neighborhood, myself included, opposed the proposed expansion of the Montana Academy complex. My letter to the Planning Board regarding that action is attached for the Council's consideration. Also attached are subsequent letters to the Planning Department and the City Attorney, which set forth my view, and the view of many other Kalispell residents, regarding the "automatic" granting of conditional use permits to the Montana Academy for the use of Kalispell residential properties for its commercial dormitories. In light of the previous controversy over this issue it was disturbing to read in this morning's Daily Inter Lake that the Planning Office is still of the view "that the group home falls under a special state provision that gives the group home a specific `residential' status." However, for the city to change its position now would be to admit it was wrong in the granting of the first two CUPs to the Montana Academy. That being the case, it appears that the only recourse Kalispell residents have to protect the character of its residentially zoned properties is to seek a judicial interpretation of Section 76-2-412 M.C.A., and its applicability to the Montana Academy dormitories. To that end, please be advised that a concerned group of Kalispell residents is forming an association for the protection and preservation of Kalispell's residential neighborhoods, the purpose of which will be to ensure enforcement of Kalispell's zoning restrictions. It is my considered opinion that any objective judicial interpretation of Section 76-2-412 M.C.A. will conclude that the dormitories operated by the Montana Academy do not qualify as "group homes" within the meaning of that statute, and, therefore, are not entitled to automatic "residential status." Consequently, the city should be concerned about perpetuating its dubious practice of circumventing zoning restrictions in favor of blatant commercial use of residentially zoned property. It should be recognized by all concerned that nothing would preclude the Montana Academy from expanding its operations by purchase of property that is already zoned for commercial use. Why it is choosing to purchase residential property and then attempting to obtain CUPS to allow for its commercial use seems quite mysterious to me. In light of the above information it would seem appropriate for the Council to withhold approval of the requested CUP pending resolution of the applicability of the Section 76-2-412 M.C.A. exemption to a for -profit commercial enterprise that is not registered with the Montana Department of Health and Human Services. Accordingly, the Council's restraint in this matter is hereby requested. Please consider this letter and its attachments as a part of the record of the January 4, 2010, Council meeting. Sincerely, Al Weed Cc: Tammi Fisher, Mayor Charles Harball, Esq. City Attorney Al & Barbara Weed 623-3rd Street East Kalispell June 9, 2009 Kalispell City Planning Board and Zoning Commission 201 1st Ave. East Kalispell 59901 To: The Planning Board and Zoning Commission This letter is in regard to the proposed conditional use permit requested by Lost Horizon Ranch, LLC. We object to the granting of the requested conditional use permit (CUP) for the following reasons: 1. The city has been operating under the erroneous assumption that Montana law requires that the city approve the request. Such is not the case for two reasons: 1) Section 76-2-412 M.C.A. applies to facilities registered by the Montana Department of Health and Human Services. Neither Lost Horizon Ranch nor its affiliate, Montana Academy has any facility registered with the Montana Department of Health and Human Services; 2) No exemption from city zoning restrictions would apply in any event because the Kalispell east -side complex has more than 8 youths occupying the facility. Therefore, the three building complex operated by the Montana Academy or Lost Horizon is not exempt from local zoning restrictions, regulations or procedures and is not entitled to automatic "residential" status as was stated in the Board's Notice of Public Hearing. 2. Approval of the commercialization of the Kalispell residential east side is not in accordance with the best interests of the majority of Kalispell residents with homes in close proximity to the Montana Academy complex/facility and the city has a duty to protect those interests. The establishment of the east -side complex in the first place was only beneficial to the monetary interests of the Montana Academy owners and not of benefit to any actual residents of the State of Montana. The previous approvals of the establishment of the east -side group home needs to be reexamined with the understanding that the city has never been obligated by statute to approve any previously -requested CUP. In light of the fact that Section 76-2-412 M.C.A. does not exempt Montana Academy/Lost Horizon Ranch from zoning restrictions, the city, as a bare minimum must table the requested CUP and investigate the how previous approvals were obtained without Montana Academy and Lost Horizon Ranch being registered with the Department of Health and Human Services and further investigate whether the previous approvals were obtained under false pretenses. Furthermore, the previous approvals should be considered void ab initio and the Montana Academy/Lost Horizon Ranch should be required to comply with all applicable zoning restrictions, requirements and regulations. We consider the very presence of a commercial youth group home in our neighborhood to be objectionable and contrary to zoning restrictions. The city has a duty to enforce those restrictions and ensure that the character and quality of Kalispell's east side is preserved. That duty can only be met by disapproving the requested CUP. Sincerely, Al Weed Barbara Weed Al Weed 623-3rd Street East Kalispell September 22, 2009 Mr. Tom Jentz Kalispell City Planning Department 201 1st Ave. East Kalispell 59901 Dear Mr. Jentz: This letter is in regard to the use of the duplex at 528/530 Third Street East by Lost Horizon Ranch, LLC/Montana Academy (hereafter "the academy") to house enrollees of the academy. As you are aware, the academy withdrew its request for a conditional use permit (CUP), which would have allowed the academy to use the duplex as a dormitory for housing its enrollees. That being the case, the said premises should not be useable for such purpose. However, several residents of the neighborhood were advised by Dr. Santa that the academy intended to use the duplex for housing its older (18-19 year old) girls only through December 2009, at which time the duplex would be rented to the general public. It is our understanding that the city would permit such use, apparently as a convenience to the academy, but only through December 2009. The city should be aware that it appears that the wall between the two units of the duplex has been removed, so it is no longer a "duplex." Please advise of the city's position on the continued use of the structure at 528/530 Third Street East as an academy dormitory. Also, during the time the academy's latest request for the CUP was pending (Summer 2009) it became known that the conditions upon which the previous CUPs were granted to the academy have never been satisfied. Specifically, the previous approvals were conditioned upon the academy obtaining "all required licensing, inspections and approvals" ... "from the State Department of Public Health." Since the academy has never been licensed, registered with, or been "certified" by the Montana Department of Health and Human Services, it has never been in compliance with the original CUPs for the structures at 205 and 305, Fifth Avenue East. It appears that that the city may have been misled by the academy into believing that it would register with the Montana Department of Health and Human Services. If such were the case the CUPs were clearly obtained under false pretenses, apparently to circumvent zoning restrictions. Under such circumstances the previously approved CUPs should be deemed void. Furthermore, the previous CUPS were granted to the academy under the erroneous belief that the academy was entitled to a statutory exemption from zoning restrictions under Section 76-2-412 M.C.A. Since such is not the case the previous CUPS should be void for that reason as well. In light of the above facts, we consider the continuing presence of a commercial youth group home dormitory complex in a residential neighborhood to be in violation of city zoning restrictions. The city has a duty to enforce its zoning restrictions to ensure that the character and quality of Kalispell's residential neighborhoods are preserved. Therefore, please advise as to what action the city is taking to enforce Kalispell's zoning ordinances in this matter. Sincerely, Al Weed Cc: Charles Harball, Esq. City Attorney Jane Howington City Manager Al Weed 623-3rd Street East Kalispell November 5, 2009 Mr. Charles Harball Kalispell City Attorney 201 1 st Ave. East Kalispell 59901 Re: My letter dated September 22, 2009; Kalispell Planning Department response dated September 25, 2009 Dear Mr. Harball: Thank you for the opportunity to meet with you recently to discuss our respective positions regarding the conditional use permits (CUPS) granted by the city to Lost Horizon Ranch, LLC/Montana Academy (hereafter "the academy") to use several homes in a Kalispell residential neighborhood as a dormitory complex for its students. As I stated in our meeting, there are numerous Kalispell residents in close proximity to the complex who are adamant that such a blatantly commercial enterprise should not be allowed to exist in a residential neighborhood. Furthermore, many in the neighborhood feel that the manner in which the applications for the CUPS were presented to the city wrongfully denied the Planning Board the option of disapproving the requested CUPS. To elaborate, there is a widely held view that the use of the academy properties for a dormitory complex cannot be construed as "residential use" within the meaning of Section 76-2-412 M.C.A. Therefore, as I indicated in my previous letters, the neighborhood at large does not agree that applicable statutory provisions grant any exemption to the academy to be free from zoning restrictions. Furthermore, the notices to affected neighboring residents regarding the Planning Board's hearings on the previously requested CUPs erroneously indicated that the city could not deny approval of the CUPS because Section 76-2-412 M.C.A. applied to the academy. Consequently, we strongly feel that the city's position on the previously requested, and approved CUPs denied procedural due process to all affected Kalispell residents. I mentioned that residents of the neighborhood are in the process of forming an action group for the purpose of enforcing Kalispell's residential zoning restrictions. Since the city's letter of September 25, 2009 appears to reflect the city's final position regarding the academy's dormitory complex, I anticipate that any action group established will desire to pursue any and all legal remedies that might be available under the circumstances. Again, I appreciate the opportunity to have met with you to present the neighborhood's views on this matter. Sincerely, Al Weed i APPLICANT: Lost Horizon Ranch, LLC 0 1, 0 If I, the undersigned certify that I did this date mail via Certified Mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property where a conditional use permit has been requested. Date: Tract/Lot: Lots 4, 5, & 6, Block 85, Kalispell Property Owners: Lost Horizon Ranch, LLC Attn: Gretchen Boyer 205 5th Avenue East Kalispell, MT 59901 Richard A. Caerbert 9 Chimney Rock Drive Roanoke, TX 76262 Lost Horizon Ranch, LLC Attn: Gretchen Boyer 205 5th Avenue East Kalispell, MT 59901 Jane V. Smiley 530 2nd Avenue East Kalispell, MT 59901 David Thompson Rev Trust 21631 East Lakeshore Drive Bigfork, MT 59911 Bug & Bean, LLC P.O. Box 1784 Kalispell, MT 59903 Carriage Funeral Holdings, Inc. DBA Johnson Mortuary 3040 Post Oak Boulevard, Ste 300 Houston, TX 77056 Burlin Laroux 542 lst Avenue East Kalispell, MT 59901 JGX2 Development, LLC Kaye L. Tomlinson P.O. Box 357 Kalispell, MT 59903 First Presbyterian Church 524 South Main Street Kalispell, MT 59901 Richard A. Caerbert Fisher Property Management, LLC 9 Chimney Rock Drive P.O. Box 1038 Roanoke, TX 76262 Kalispell, MT 59903 John & Clarann Brady Marlene Carr 535 lst Avenue East 534 lst Avenue East Kalispell, MT 59901 Kalispell, MT 59901 Robin & Aleda Johnson 214 Main, LLC 512 2nd Avenue East AD% Steve Blair Kalispell, MT 59901 52 Camino Real Rancho Mirage, CA 92270 James & Susan Matter Dimon, LLC P.O. Box 405 37 51h Street East, Ste 210 Lakeside, MT 59922 Kalispell, MT 59901 Otto A. Bessey Rev Trust K Phyllis Kirk Family Trust William & Jana Clark 18366 Bear Dance Lane P.O.Box 73 Bigfork, MT 59911 Lakeside, MT 59922 Ed & Susan Corrigan Donald & Susan Miller 528 1st Avenue East 529 1st Avenue East Kalispell, MT 59901 Kalispell, MT 59901 Gary Crowe, Etal State of Montana 30 Fifth Street East, Ste 101 Employment Security Division Kalispell, MT 59901 427 lst Avenue East Kalispell, MT 59901 PLANNING TORTHE`''R Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispeR.com/planninS You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office at (406) 758-7940 for additional information or visit our website at www.kalispeE.com/planning under "Planning Board Projects". Written comments may be submitted to the Kalispell Planning Department at the above address prior to the date of the hearing, or email us at planningAkalispell.com. NOTICE OF PUBLIC HEARING XALISPELL CITY PLANNING BOARD AND ZONING COMMISSION December 8, 2009 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, December 8, 2009 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda item. The Board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by Lost Horizon Ranch, LLC for a conditional use permit (CUP) to locate a transitional living program (defined under the zoning code as a group home) for youths 17 to 19 in an existing single-family home located at 520 Ist Avenue East. The property is zoned R-4, Two Family Residential, which requires a CUP for group homes serving eight or fewer persons within the district. The property can be legally described as lots 4, 5 and 6 of Block 85 Kalispell, located in Section 18, Township 28 North, Range 21 West. Group homes serving eight or fewer persons fall under a special provision in the state statutes, Section 76-2-412, M.C.A., that gives them a speck "residential" status. Because of this special status no conditions may be placed on the CUP that would not otherwise apply to residences in general. Additionally, a CUP for group homes cannot be denied by the governing body and the public hearing is intended as a forum for information and public comment. STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE ROONEY BEING DULY SWORN, DEPOSES AND SAYS: THAT HE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 15430 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES Of Nov 22, 2009 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. 0 Subscribed and sworn to _ENGROSS Before me this November 23, 2009 UC for the ontana pall, Montana on Expires 11,2013 -- - - -, ----- - -- - I. G16'cross Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/2013 1 A.6C i V 1 .J 01-04-2010 KAL.15PELL CITY RESI'DENTTSAIRPORT SLOPING FOR THE KALISPELL CITY C'OUIS►EL MA YGR AND CITY MANAGER. 1. SHOULD KALISPELL CITY AIRPORT BE EXPANDED AND RELOCATED FURTHER OUT OF TOWN? 2. SHOULD KALISPELL CITY AIRPORT BE EXPANDED AT ITS PRESENT LOCATION? 3. STUDIES HAVE DOCUMENTED SEVERAL ALTERNATIVE AIRPORT LOCATIONS, ALL OF WHICH WOULD BE LESS COSTLY TO CONSTRUCT, WERE YOU AWARE OF SUCH STUDIES? 4. DO YOU BELIEVE THAT THE CITY PROPERTY AT THE AIRPORT LOCATION IS BEING USED AT MS: HIGHEST AND BEST USE AS AN AIRPORT? 5. DO WE NEED TWO AIRPORTS?? 5. ARE YOU AWARE THAT GLACIER PARK INTERNATIONAL SAID THEY WOULD ACCEPT OUR AVIATION NEEDS OUT AT THEIR AIRPORT? 7. DO YOU USE THE KALISPELL CITY AIRPORT, COUNSEL MEMBERS, MAYOR? 8. IF THE KALISPELL CITY AIRPORT WAS RELOCATED OUT SIDE OF THE CITY MOULD YOU STILL WANT IT TO BE CITY OWNED AND OPERATED OR COLLABORATE WITH THE COUNTY? 9. OR: OWNED BY THE CITY, BUT OPERATED BY (GPI) GLACIER PARK INTERNATIONAL? 10. OR: IF RELOCATED AND OWNED BY THE CITY, SHOULD THE AIRPORT BE SELF-SUPPORTING WITH NO CITY SUBSIDY? 11. SHOULD THE CITY RELOCATE THE CITY AIRPORT, SHOULD THE OLD AIRPORT PROPERTY BE SOLD? 12. ARE THERE INVESTORS TO INVEST AND RELOCATE THE AIRPORT? 13. DOES THE RESIDENTS WANT TRAINING FLIGHTS OUT OF THE CITY AIRPORT? 14. HOW MANY BUSINESSES ARE IN BUSINESS AT THE CITY AIRPORT? 15. SHOULD THE CITY AIRPORT BE LEFT JUST AS IT IS? 16. SHOULD THE CITY AIRPORT BE LEFT AS IT IS WITH SAFETY MODIFICATIONS /O F.A.A. INVOLVEMENT? 17. SHOULD THERE BE A ECONOMIC FEASIBILITY STUDY DONE COMPARING THE EXPENSES OF VARIOUS OPTIONS OF THE KALISPELL CITY AIRPORT PROPERTY? 18. WHAT ARE THE CONSEQUENCES OF THE LENGTHEN OF THE RUNWAY TO 4500FT. OR MORE AND MAKING IT WIDER TO ALLOW B-2 AIRCRAFT TO LAND THERE? 19. SHOULD THE F.A.A. (TAXPAYER DOLLARS, YOURS AND MINE ) SHOULD BE SPENT TO COVER THE PROJECTED EXPANSION AT THE CURRENT AIRPORT LOCATION? 20. HOVE MANY FULL TIME JOBS WILL BE CREATED WITH EXPANSION OF THE CITY AIRPORT AT ITS PRESENT LOCATION, VS RELOCATING M. rdgc .4 ul .3 21. IS THE CITY OF KALISPELL RESPONSIBLE FINANCIALLY TO TO SPONSOR THE AIRPORT? 22. CAN THE CITY AIRPORT LAND BE OFFERED FOR SALE TO A DEVELOPER? 23. HAVE YOU HAD TO SUSPEND CONVERSATION ON YOUR PROPERTY UNTIL A HELICOPTER OR ANY AIRCRAFT HAVE COME OVER? 24. WILL LARGER AND FASTER AIRCRAFT FLY OVER IF THERE IS AN EXPANSION? 25. DO YOU THINK ITS SAFE TO HAVE HELICOPTER STUDENTS AND AIRCRAFT STUDENTS SHOULD BE FLYING AND PRACTICING OVER OUR HOMES AND SCHOOLS? 26. DID YOU BUY YOUR HOME KNOWING THE LOCATION OF THE CITY AIRPORT WILL BE EXPANDED? 27 DID YOU BUY YOUR HOME KNOWING THAT THEY WANTED TO EXPAND AND BRING IN LARGER AND FASTER AIRCRAFT AT THE CITY AIRPORT? 28 DO YOU KNOW THE TOTAL NUMBER OF PEOPLE WHO'VE USED THE CITY AIRPORT IN THE PAST YEAR, AND HAVE A TRUE AND ACCURATE ACCOUNTING OF THE INCOME TO THE CITY IT HAS DERIDED? DO YOU FEEL WE SHOULD SPEND THE F.A.A. DOLLARS BECAUSE IF WE DON'T SOMEONE ELSE WILL? 29. IS RED EAGLE INSURED TO WITHSTAND A CRASH OF ONE OF ITS PLANES, OR IS IT THE CITY'S RESPONSIBILITY TO CODER ALL LEGAL FEE'S AND COSTS? 30. WHAT ARE THE LIABILITY EXPENSE ISSUES OF THE CITY AIRPORT? 31. HOW MUCH ARE THE LEASE AGREEMENTS WITH RED EAGLE AND OTHER BUSINESSES ON THE AIRPORT PROPERTY? 32. HOW MUCH REVENUE IS MADE OR HOW MUCH FUEL IS SOLD AT THE AIRPORT -VS- THE REVENUE IF THE AIRPORT PROPERTY WAS SOLD? 33. WHO IS IN CHARGE OF THE FUEL OPERATIONS AT THE CITY AIRPORT? 34. WHERE CAN ONE GET A COPY OF THE LEASE AGREEMENTS OF BUSINESS AT THE CITY AIRPORT? 35. WHEN WAS THE LAST TIME THERE WAS A FULL INDEPENDENT ACCOUNTING OF THE KALISPELL CITY AIRPORT MANAGEMENT BOOKS? 36. WHAT IS THE VALUE OF THE AIRPORT PROPERTY? 37. SHOULD WHO EVER GETS THE BID TO DO THE NEW E.A., ALSO BE .ABLE TO BID ON ANY CONSTRUCTION OF THE AIRPORT? 38. THAT ARE THE GROSS RECEIPTS FOR FUEL SALES FOR 2009 AT THE CITY AIRPORT? 39. WHAT IS THE SALES PROFIT FROM FUEL SALES FOR THE YEAR 2009? 40. HOW MANY CITY" RESIDENTS KEEP PLANES AT THE CITY AIRPORT? 41. SHOULD NON-RESIDENTS HAVE A VOICE IN CITY AIRPORT POLICY? 42. HOW MANY YEARS WILL IT TAKE TO ACQUIRE THE NECESSARY LAND FOR EXPANSION? ( CONSIDERING COURT BATTLES ETC. ) A GB.gG -3 E31 J 43. WHICH IS PREFERABLE TO HAVE A NEW AIRPORT IN FIRE YEARS IN THE COUNTY (WITH A HALF MILE CRASH ZONE SURROUNDING IT, OR TO TRY AND EXPAND IT AT THE CURRENT LOCATION WITCH WILL TAKE FOUR YEARS FROM THE DATE THE LAND IS ACQUIRED IF IT IS EVER ACQUIRED AND THE AIRPORT EXPANSION PLAN PASSES A NEW E.A.? 44. WHAT ARE THE ODDS OF " PASSING" AN E.A. CONSIDERING THE DEVELOPMENT" THAT HAS TAKEN PLACE AROUND THE AIRPORT? 45. ARE A " HISTORIC DISTRICT" AND AIRPORT AFFECTED ZONE COMPATIBLE? 46. DOES THE COUNSEL KNOW THAT THE GLACIER INTERNATIONAL AIRPORT COMPLETELY SAFE AND CONVENIENT FOR GENERAL AVIATION AND AVIATION TRAINING? 47. SOMEONE SPOKE AT A COUNSEL MEETING THAT GPI IS UNSAFE AND INCONVENIENT FOR AVIATION, DID THEY PRODUCE ANY 'WRITTEN DOCUMENTS TO BACK THERE STATEMENT UP? 48. WHO WROTE THE AIRPORT ,MANAGER.'S JOB DESCRIPTION AND DOES THE COUNSEL THINK IT NEEDS CHANGED? 49. WHAT" ARE THE ADVANTAGES OF THE CITY BEING THE FBO ) RUNNING THE AIRPORT AND SALES OF FUEL) VERSES HAVE RED EAGLE AND ASSOCIATES RUNNING IT? 50. IF THE CITY DOES NOT HAVE TIME TO ANSWER ALL QUESTIONS TURNED IN BEFORE THIS JAN. 25 SCOPING MEETING WILL THE CITY HAVE ANOTHER SLOPING SESSION? IF NOT WHY? 51. WHY IS THIS IMPORTANT DECISION NOT LEFT IN THE HANDS OF THE VOTERS TO VOTE ON CLOSING IT AND MOVE IT TO GPI OR RELOCATING IT WITH F.A.A FUNDING 3 TO 5 MILES FROM TOWN? 52. WHY HAS THERE NOT BEEN STUDIES DONE ON OTHER USES OF THIS CITY OWNED PROPERTY? 53. HAS THE CITY CONSIDERED JUST ASKING PROPERTY OWNERS IN THE LOWER VALLEY AREA IF THEY WOULD COMBINE THERE PROPERTIES TO SELL FOR A RELOCATED AIRPORT? 54. ARE THERE ANY PLANS FOR TAX REBATES OR COMPENSATION FOR LAND OWNERS WHO HAVE BEEN RESTRICTED FROM SELLING AND IMPROVING THERE PROPERTIES AROUND THE CITY AIRPORT DUE TO THIS BUNGLED IDEA OF EXPANSION? QUESTIONS E-MAILED AND PHONED INTO ME FROM RESIDENTS, PLEASE RECORD AND ANSWER THE RESIDENTS QUESTIONS AT THE SLOPING MEETINGS. SCOTT DAVIS 448 STH. AVE. WEST KALISPELL, MONTANA 59901 406-752-1523 Al Weed 623-3'd Street East Kalispell January 4, 2010 Kalispell City Council 201 Ist Ave. East Kalispell 59901 To.- Kalispell City Council Re: Conditional Use Permit for Group Home to be Operated by Montana Academy Last June Montana Academy requested a conditional use permit (CUP) for a "group home" at 528/530 Third Street East, the approval of which would have expanded the commercial "group home" complex operated by Montana Academy in a one and one -quarter block area to three residential dwellings. At that time a vast majority of the neighborhood, myself included, opposed the proposed expansion of the Montana Academy complex. My letter to the Planning Board regarding that action is attached for the Council's consideration. Also attached are subsequent letters to the planning Department and the City Attorney, which set forth my view, and the view of many other Kalispell residents, regarding the "automatic" granting of conditional use permits to the Montana Academy for the use of Kalispell residential properties for its commercial dormitories. In light of the previous controversy over this issue it was disturbing to read in this morning's Daily Inter Lake that the Planning Office is still of the view "that the group home falls under a special state provision that gives the group home a specific `residential' status." However, for the city to change its position now would be to admit it was wrong in the granting of the first two CUPS to the Montana Academy. That being the case, it appears that the only recourse Kalispell residents have to protect the character of its residentially zoned properties is to seek a judicial interpretation of Section 76-2-412 M.Q.A., and its applicability to the Montana Academy dormitories. To that end, please be advised that a concerned group of Kalispell residents is forming an association for the protection and preservation of Kalispell's residential neighborhoods, the purpose of which will be to ensure enforcement of Kalispell's zoning restrictions. It is my considered opinion that any objective judicial interpretation of Section 76-2-412 M.C.A. will conclude that the dormitories operated by the Montana Academy do not qualify as "group homes"' within the meaning of that statute, and, therefore, are not entitled to automatic "residential status." Consequently, the city should be concerned about perpetuating its dubious practice of circumventing zoning restrictions in favor of blatant commercial use of residentially zoned property. It should be recognized by all concerned that nothing would preclude the Montana Academy from expanding its operations by purchase of property that is already zoned for commercial use. Why it is choosing to purchase residential property and then attempting to obtain CUPs to allow for its commercial use seems quite mysterious to me. In light of the above information it would seem appropriate for the Council to withhold approval of the requested CUP pending resolution of the applicability of the Section 76-2-412 M.C.A. exemption to a for -profit commercial enterprise that is not registered with the Montana Department of Health and Human Services. Accordingly, the Council's restraint in this matter is hereby requested. Please consider this letter and its attachments as a part of the record of the January 4, 2010, Council meeting. Sincerely, Al Weed Cc: Tammi Fisher, Mayor Charles HarbalL Esq. City Attorney Al & Barbara Weed 623-3rd Street East Kalispell June 9,, 2009 Kalispell City Planning Board and Zoning Commission 201 1 St Ave. East Kalispell 59901 To: The Planning Board and Zoning Commission This letter is in regard to the proposed conditional use permit requested by Lost Horizon Ranch, LLC. We object to the granting of the requested conditional use permit (CUP) for the following reasons: 1. The city has been operating under the erroneous assumption that Montana law requires that the city approve the request. Such is not the case for two reasons: 1) Section 76-2-412 M.C.A. applies to facilities registered by the Montana Department of Health and Human Services. Neither Lost Horizon Ranch nor its affiliate, Montana Academy has any facility registered with the Montana Department of Health and Human Services; z j No exemption from city zoning restrictions would apply in any event because the Kalispell east -side complex has more than 8 youths occupying the facility. Therefore, the three building complex operated by the Montana Academy or Lost Horizon is not exempt from local zoning restrictions, regulations or procedures and is not entitled to automatic "residential" status as was stated in the Board's Notice of Public Hearing. 2. Approval of the commercialization of the Kalispell residential east side is not in accordance with the best interests of the majority of Kalispell residents with homes in close proximity to the Montana Academy complex/facility and the city has a duty to protect those interests. The establishment of the east -side complex in the first place was only beneficial to the monetary interests of the Montana Academy owners and not of benefit to any actual residents of the State of Montana. The previous approvals of the establishment of the east -side group home needs to be reexamined with the understanding that the city has never been obligated by statute to approve any previously -requested CUP. In light of the fact that Section 76-2-412 M.C.A. does not exempt Montana Academy/Lost Horizon Ranch from zoning restrictions, the city, as a bare minimum must table the requested CUP and investigate the how previous approvals were obtained without Montana Academy and Lost Horizon Ranch being registered with the Department of Health and Human Services and further investigate whether the previous approvals were obtained under false pretenses. Furthermore, the previous approvals should be considered void ab initio and the Montana Academy/Lost Horizon Ranch should be required to comply with all applicable zoning restrictions, requirements and regulations. We consider the very presence of a commercial youth group home in our neighborhood to be objectionable and contrary to zoning restrictions. The city has a duty to enforce those restrictions and ensure that the character and quality of Kalispell's east side is preserved. That duty can only be met by disapproving. the requested CUP. Sincerely, /s/ Al Weed Barbara Weed Al Weed 623-3'dStreet East Kalispell September 22, 2009 Mr. Tom Jentz Kalispell City Planning Department 201 1 st Ave. East Kalispell 59901 Dear Mr. Jentz: This letter is in regard to the use of the duplex at 528/530 Third Street East by Lost Horizon Ranch, LLC/1\4ontana Academy (hereafter "the academy") to house enrollees of the academy. As you are aware, the academy withdrew its request for a conditional use permit (CUP), which would have allowed the academy to use the duplex as a dormitory for housing its enrollees. That being the case, the said premises should not be useable for such purpose. However,, several residents of the neighborhood were advised by Dr. Santa that the academy intended to use the duplex for housing its older (18-19 year old) girls only through December 2009, at which time the duplex would be rented to the general pubic. It is our understanding that the city would permit such use, apparently as a convenience to the academy, but only through December 2009. The city should be aware that it appears that the wall between the two units of the duplex has been removed, so it is no longer a "duplex." Please advise of the city's position on the continued use of the structure at 528/530 Third Street East as an academy dormitory. Also,, during the time the academy's latest request for the CUP was pending (Summer 2009) it became known that the conditions upon which the previous CUPS were granted to the academy have never been satisfied. Specifically, the previous approvals were conditioned upon the academy obtaining "all required licensing, inspections and approvals" ... "from the State Department of Public Health." Since the academy has never been licensed,, registered with, or been "certified" by the Montana Department of Health and Human Services,, it has never been in compliance with the original CUPS for the structures at 205 and 305, Fifth Avenue East. It appears that that the city may have been misled by the academy into believing that it would register with the Montana Department of Health and Human Services. If such were the case the CUPs were clearly obtained under false pretenses, apparently to circumvent zoning restrictions. Under such circumstances the previously approved CUPS should be deemed void. Furthermore, the previous CUPS were granted to the academy under the erroneous belief that the academy was entitled to a statutory exemption from zoning restrictions under Section 76-2-412 M.C.A. Since such is not the case the previous CUPS should be void for that reason as well. In light of the above facts, we consider the continuing presence of a commercial youth group home dormitory complex in a residential neighborhood to be in violation of city zoning restrictions. The city has a duty to enforce its zoning restrictions to ensure that the character and quality of Kalispell's residential neighborhoods are preserved. Therefore, please advise as to what action the city is taking to enforce Kalispell's zoning ordinances in this matter. Sincerely, Al Weed Cc: Charles Harball, Esq. City Attorney Jane Howington City Manager Al Weed 623-3rd Street East Kalispell November 5,, 2009 Mr. Charles Harball Kalispell City Attorney 201 I't Ave. East Kalispell 59901 Re: My letter dated September 22, 2009; Kalispell Planning Department response dated September 25, 2009 Dear Mr. Harball: Thank you for the opportunity to meet with you recently to discuss our respective positions regarding the conditional use permits (CUPs) granted by the city to Lost Horizon Ranch, LLC/Montana Academy (hereafter "the academy") to use several homes in a Kalispell residential neighborhood as a dormitory complex for its students. As I stated in our meeting, there are numerous Kalispell residents in close proximity to the complex who are adamant that such a blatantly commercial enterprise should not be allowed to east in a residential neighborhood. Furthermore, many in the neighborhood feel that the manner in which the applications for the CUPS were presented to the city wrongfully denied the Planning Board the option of disapproving the requested CUPs. To elaborate, there is a widely held view that the use of the academy properties for a dormitory complex cannot be construed as "residential use" within the meaning of Section 76-2-412 M.C.A. Therefore, as I indicated in my previous letters, the neighborhood at large does not agree that applicable statutory provisions grant any exemption to the academy to be free from zoning restrictions. Furthermore, the notices to affected neighboring residents regarding the Planning Board's hearings on the previously requested CUPs erroneously indicated that the city could not deny approval of the CUPS because Section 76-2-412 M.C.A. applied to the academy. Consequently, we strongly feel that the city's position on the previously requested, and approved CUPs denied procedural due process to all affected Kalispell residents. I mentioned that residents of the neighborhood are in the process of forming an action group for the purpose of enforcing Kalispell's residential zoning restrictions. Since the eity's letter of September 25, 2009 appears to reflect the City's final position regarding the academy's dormitory complex, I anticipate that any action group established will desire to pursue any and all legal remedies that might be available under the circumstances. Again,, I appreciate the opportunity to have met with you to present the neighborhood's views on this matter. Sincerely, Al Weed